henan province housing lease management

Measures for the Administration of Housing Leasing in Henan Province Article 1 In order to strengthen the management of housing leasing, cultivate and standardize the housing leasing market, and protect the legitimate rights and interests of the parties involved in housing leasing, these measures are formulated in accordance with the provisions of the People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to the house leasing and its supervision and management activities in the urban planning area of this province. Affordable housing lease shall be implemented in accordance with the relevant provisions of the state.

Article 3 The term "house lease" as mentioned in these Measures refers to the act that a natural person, a legal person or any other organization rents a house with ownership, legal right of use or management to the lessee for use, and the lessee pays the rent to the lessor and returns the house to the lessor when the lease relationship is terminated.

Fourth Provincial Housing and Urban-Rural Construction Department is responsible for guiding and supervising the management of housing rental in the province.

Provincial cities and counties (cities) housing and urban construction (real estate) departments are responsible for the supervision and management of housing leasing within their respective administrative areas, and their subordinate housing leasing management institutions are specifically responsible for the management of housing leasing within their respective administrative areas.

Article 5 The people's governments at or above the county level shall strengthen their leadership over the management of house leasing and organize relevant departments to establish a joint management mechanism for house leasing. The public security department is responsible for the security management, fire control management and household registration management of both parties to the lease.

Industry and commerce and other relevant departments are responsible for investigating and handling illegal business practices such as unlicensed operation of rental houses.

Planning, taxation, civil air defense and other relevant departments shall, in accordance with their respective responsibilities, do a good job in housing lease management.

Sixth residents' committees, villagers' committees and other grassroots organizations shall assist the relevant departments to do a good job in housing lease management, and urge the lessor and lessee to consciously abide by the national and provincial regulations on housing lease management.

Residents' committees and villagers' committees may, according to local conditions, organize residents to formulate a convention on the management of house leasing and implement autonomous management of house leasing.

Article 7 The principle of equality, voluntariness, legality, honesty and credibility shall be followed in house leasing.

Eighth housing and urban construction (real estate) departments at or above the county level shall cultivate the housing rental market, guide and increase the supply of the housing rental market, and meet the demand of the housing rental market.

Encourage units and individuals to lease houses that meet the lease conditions. Encourage and support lessors and lessees to sign long-term housing lease contracts and establish a stable lease relationship. Article 9 The parties to a house lease shall sign a house lease contract according to law. The contents of the contract should include the basic situation of the house, rent, lease term, lease purpose, liability for breach of contract, etc.

The Provincial Department of Housing and Urban-Rural Development shall, jointly with the provincial industrial and commercial departments, formulate a model text of the housing lease contract and announce it to the public.

Tenth rental housing structure and ancillary facilities shall meet the safety conditions of construction, fire protection and other aspects. Houses under any of the following circumstances shall not be rented:

(a) illegal construction;

(two) does not meet the mandatory standards for safety, disaster prevention and other engineering construction;

(three) was identified as a dangerous house;

(four) in violation of regulations to change the nature or use of the house;

(five) there are other circumstances in which laws, regulations and rules prohibit rental.

Eleventh rental housing, the lessor shall take the original design of the room as the smallest rental unit, and shall not build another room and rent it. Designed for kitchens, bathrooms, balconies and underground storage rooms, they shall not be rented for human habitation.

Article 12 The lessor shall, in accordance with the stipulations of the lease contract, provide the lessee with a house that meets the lease conditions, fulfill the obligation of house maintenance, and ensure the safety of the house and indoor facilities.

The lessor has the right to supervise the lessee's use of the house. The lessor shall not lease the house to a person without identity certificate; It is not allowed to provide convenient conditions for illegal production and business activities through renting houses; If it is found that the lessee is suspected of using the rented house for criminal activities, it shall report to the public security department in time.

The lessor's income from renting the house shall be taxed according to law.

Thirteenth the lessee shall, in accordance with the lease contract, protect the house and use the house reasonably, and cooperate with the lessor to handle the house lease registration; Shall not use the house for illegal activities, shall not change the structure of the house, shall not rebuild or expand the house, shall not harm the public interests, and shall not interfere with the normal life and work of others.

Article 14 A real estate brokerage agency engaged in intermediary activities of house leasing shall inform the leasing parties in writing to go through the formalities of house leasing registration at the housing and urban-rural construction department where the house leasing is located.

Real estate brokerage institutions and real estate brokers shall abide by the relevant provisions on the management of house leasing, publicize the laws, regulations, rules and policies of house leasing to the leasing parties, and guide, assist or handle the registration and filing of house leasing on their behalf.

Real estate brokerage institutions and real estate brokers shall not intervene or act as agents in the house leasing business that does not conform to the provisions of these Measures, shall not conceal the real house rent and other information from the leasing parties to earn the difference, and shall not rent the houses that provide brokerage business by themselves.

Fifteenth property services companies found that the parties to the housing lease, real estate brokerage agencies or real estate brokers have illegal acts, should be discouraged and stopped, and timely report to the relevant departments.

Housing and urban construction (real estate) departments to collect housing rental information, property services companies should cooperate. Sixteenth housing lease registration system.

Within 30 days after the conclusion of the housing lease contract, the lessor shall handle the housing lease registration with the following materials to the housing and urban construction (real estate) department of the provincial city and county (city):

(a) the identity certificates of the lessor and the lessee;

(two) housing ownership certificate or other legal proof;

(3) Housing lease contract;

(four) written proof that the original lessor agreed to sublease the house;

(five) the lease of the entrusted escrow housing, the need to submit a written proof of the client's authorization to lease;

(six) other materials as prescribed by laws, regulations and rules.

The lessor may entrust others to handle the registration and filing of house lease in writing.

Article 17 If the materials submitted by the parties are complete, true, legal and effective, the housing and urban-rural construction (real estate) departments of the cities and counties (cities) under the provincial jurisdiction shall handle the registration of house lease within 3 working days, and issue the house lease registration certificate to the parties to the lease.

If the materials submitted by the parties are incomplete or do not conform to the statutory form, the accepting department shall inform the parties of the contents that need to be corrected at one time.

Eighteenth housing lease registration certificate is an effective certificate of housing lease management.

The registration and filing certificate of house lease shall specify the name of the lease party, the type and number of valid identity documents, the location of the leased house, the purpose of lease, the lease term, etc.

If the house lease registration certificate is lost, it shall be reissued to the original registration department. It is forbidden to forge, alter, lend or transfer the house lease registration certificate.

Nineteenth housing lease contract changes, the lessor shall, within 30 days from the date of the original lease contract changes, to the original lease registration department for registration.

Twentieth provincial cities and counties (cities) housing and urban construction (real estate) departments should establish a housing lease registration information system, and gradually implement online registration of housing lease contracts, and realize information sharing with other relevant departments.

The departments and their staff who manage and use housing lease information shall keep the housing lease information confidential and safeguard the legitimate rights and interests of the parties. Twenty-first provincial cities and counties (cities) housing and urban construction (real estate), public security, planning, taxation, industry and commerce, civil air defense and other relevant departments shall, in accordance with their respective responsibilities, implement the responsibility of supervision and inspection of housing lease management, and investigate and deal with violations of relevant laws, regulations or rules; In law enforcement, it is found that illegal acts that do not belong to the investigation of this department shall promptly notify the relevant departments to investigate and deal with them according to law.

Property service enterprises, parties to house leasing and real estate brokerage institutions shall cooperate with relevant administrative departments to carry out house leasing management activities.

Twenty-second housing and urban construction (real estate) departments and their affiliated housing rental management institutions shall establish a patrol system, collect housing rental information, conduct daily inspections on housing rental, and do the following work:

(a) found that the registration information is false and corrected;

(two) found unregistered, make up;

(three) found that the housing security risks, and urge the lessor or lessee to carry out rectification.

Twenty-third housing and urban construction (real estate), industrial and commercial departments to perform their duties of supervision and inspection of real estate brokerage institutions, you can ask the inspected units to provide proof of the business license of real estate brokerage institutions; You can consult relevant information to understand the real estate brokerage business and other related aspects.

Housing and urban and rural construction (real estate), the industrial and commercial departments may, according to the relevant provisions of the state and this province, announce the relevant information of supervision and inspection to the society. Twenty-fourth acts in violation of the provisions of these measures, laws and regulations have legal liability provisions, from its provisions.

Twenty-fifth at or above the county level housing and urban construction (real estate) departments and their staff have one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to apply for housing lease registration in accordance with the provisions of these Measures;

(two) to apply for the registration of house lease that does not conform to the provisions of these measures;

(three) failing to perform the duties of supervision and inspection in accordance with the provisions of these measures, resulting in serious consequences;

(four) improper management and use of housing lease registration information, resulting in losses to the parties to the lease;

(five) there are other acts of abuse of power, dereliction of duty, favoritism.

Twenty-sixth housing lessors have one of the following acts, the housing and urban construction (real estate) departments at or above the county level shall be punished in accordance with the following provisions:

(a) in violation of the provisions of article tenth of the rental housing, shall be ordered to make corrections; If no correction is made within the time limit, a fine ranging from 5,000 yuan to 30,000 yuan may be imposed;

(two) in violation of the provisions of the eleventh rental housing, shall be ordered to make corrections; If no correction is made within the time limit, a fine ranging from 1000 yuan to 5,000 yuan may be imposed;

(three) in violation of the provisions of article sixteenth and nineteenth of these measures, it shall be ordered to make corrections within a time limit; Individuals who fail to make corrections within the time limit may be fined up to 1000 yuan; If the unit fails to make corrections within the time limit, it may be fined 1000 yuan or more 1000 yuan or less;

(4) Whoever, in violation of the fourth paragraph of Article 18 of these measures, forges, alters, lends or transfers the registration certificate of house lease, and rents the house for residence, shall be fined 100 yuan or more and 1000 yuan or less; If the leased house is used for production and operation, it shall be fined 1000 yuan to 5,000 yuan.

Twenty-seventh real estate brokerage institutions and real estate brokers in violation of the provisions of the third paragraph of Article fourteenth of these measures, the competent department of housing and urban construction (real estate) at or above the county level shall order it to make corrections within a time limit and incorporate it into the credit file; Impose a fine of 6,543,800 yuan on the real estate agent; Impose a fine of 30,000 yuan on the real estate agent. Article 28 These Measures shall come into force on July 1 day, 2065.